Terms and Conditions
Robust Road Repair PTY LTD - Conditions of sale
Standard Terms and Condition of a Sale in respect of all Robust Road Repair products and services.
Robust Road Repair's Quotation or Tender and any contract resulting there from shall be subject to the following terms and conditions which shall apply to the exclusion of all other terms and condition, whether express or implied, unless Robust Road Repair specifically agrees in writing to accept any variation hereto. By accepting delivery of any product pursuant hereto, the customer shall be deemed to have accepted these Terms and Conditions and acknowledges that no terms and conditions which the customer purports to attach to is acceptance nor any terms and condition which might have been attached to the customer's order shall be binding on Robust Road Repair.
The customer agrees that all such conditions shall be deemed to have been substituted by these condition.
Validity of Quotations:
Period: Were Robust Road Repair quotations do not refer to a specific contracts, prices are valid for 60 (sixty) days. Where Robust Road Repair quotations refer to a specific contract, prices are valid for the duration of the initial contract period, provided that acceptance is received within 60 (sixty) days from the date of quotation. In the event of the supply of products or services extending beyond the original price validity, or acceptance not being received within 60 (sixty) days, Robust Road Repair reserves the right to negotiate revised prices.
Unless agreed to by Robust Road Repair in writing, quotations shall not be accepted in part only. In case of substantial variations in the quantities of products or services supplied within the frame of a quotation relating to a specific contract, Robust Road Repair reserves the right to negotiate revised priced or claim loss of revenue.
VAT and other charges:
All prices quoted are exclusive of Value Added Tax, foreign taxes or border fees, unless otherwise stated on our quotation.
Payment Terms and Ownership:
The terms of payment are cash on delivery. Facilities for credit may however be granted in writing at the discretion of Robust Road Repair, in which event payment shall be made within 30 (thirty) days from date of statement. In the event of the customer's agreed credit limit or payment terms being exceeded, Robust Road Repair has the right to suspend all further deliveries or products or services whether or not related to the same order , until payment is received, without prejudice to Robust Road Repair's right to cancel the remainder of the ruling prime bank overdraft rate plus 3 (three) % on any account not paid on or before due date. The customer shall not be entitled to withhold, deduct or set-off payments due by the customer for any reason whatsoever, including and dispute that may be pending. Notwithstanding the delivery of any product or item to the customer, ownership therein shall not pass to the customer until Robust Road Repair has received payment in full for the purchase price in respect of such product or item.
The Supply of products or services in terms of any Robust Road Repair quotation is subject to acceptable financial arrangements being made and agreed upon prior to the commencement of any services and/or any materials being delivered or collected.
All delivery dates need to be agreed upon in writing prior to commencement of any delivery or service. No claims for any delays consequential or not shall be considered unless they have been agreed upon in writing by Robust Road Repair prior to the commencement of any service.
Confirmation of Orders for Products:
Where products are to be collected by the customer, the dates and times of collection shall be subject to agreement at least 72 (seventy two) hours in advance. Where products are collected, loading is done entirely at the customer's own risk and the customer indemnifies Robust Road Repair from any claims from, or on behalf of the customer, his employees or sub-contractors.
Should the customer cancel any order after the dispatch of such order or part thereof, Robust Road Repair reserves the right to recover all and any costs incurred where directly or indirectly in consequence of such cancellation.
Robust Road Repair will only execute the offloading or commencement of any service when the customer or his duly authorized representative is present. If a said representative is not present and in consequence the delivery, offloading or the commencement of the service is aborted, Robust Road Repair reserves the right to recover all and any costs incurred whether directly or indirectly in consequence thereof.
Use of Robust Road Repair services and other materials used:
Should Robust Road Repair services be used in such a manner that that they are part of a service and/or material supply that is to be done by another party, Robust Road Repair will not take responsibility for the full performance of the services, unless agreed too in writing prior to commencement of the service. Together with this Robust Road Repair reserves the right to reject any materials, that can be shown to be out of specification and/or unsuitable for use with any of the Robust Road Repair applications.
Customer Own Specifications:
If the material or service is supplied and conducted in accordance with a specification stipulated by the customer, Robust Road Repair does not warrant that such specification is suitable for its intended purpose.
Deliver of any material and the commencement of a service is subject is subject to the availability of the necessary permits, certificates or exemption in terms of the Road Transportation Act or any similar, subsequent or other legislation in connection with the transportation of the product or services referred to in the quotation, and Robust Road Repair shall not be bound to any contract if such permits, certificates or exemptions are refused, withdrawn or cancelled in respect of that contract.
Robust Road Repair reserves the right to sub-contract any part of any contract. All terms and conditions set our herein shall apply to such sub-contractor.
The prices quoted in Robust Road Repair's quotations are subject to price adjustments as follows:
- Rise & Fall - The rates of all bituminous based products shall be adjusted in line with the standard rise and fall calculations. The base rebates for all applicable products shall be listed in the Robust Road Repair quotation.
- Escalation - All rates and/or portion of the rates not covered by rise and fall shall be subject to escalation. This escalation shall be calculated using the standard Colto escalation formulas.
No complaints will be considered by Robust Road Repair regarding delivery or services rendered unless written notification is received by Robust Road Repair from the customer within 72 (seventy two) hours from delivery of the product or service.
Limit of Responsibility:
No complaints will be considered by Robust Road Repair regarding delivery or service rendered unless written notification is received by Robust Road Repair from the customer within 72 (seventy two) hours from delivery of the product or service.
Under no circumstances whatsoever shall Robust Road Repair be liable for any direct or consequential damages arising out of the supply of defective products or from any other cause whatsoever and the customer indemnifies Robust Road Repair against all claims of whatsoever nature which may be made against Robust Road Repair arising from the use by person of the product supplied in terms hereof.
The customer shall indemnify Robust Road Repair from any claims or actions for damage to property, life or limb of any third party caused in the course of this contract or by the negligence of the customer, his employees or any subcontractor used by the customer.
If Robust Road Repair is prevented from carrying out any of its obligations under its contracts with the customer by reason of force majeure (witch, without detracting from the generality of the afore going shall include acts of God, storms, flood, major breakdown of machinery, war, whether declared or not, or warlike conditions, industrial action, labor unrest, civil commotion, economic upheavals, boycotts or embargoes, regulations or orders of any government, any partial or total cessation in the provision of supplies to Robust Road Repair by any existing supplier for whatever reason, delays or lack of railroad, truck or sea borne freight facilities or any other state of affairs arising or being brought about which is outside the reasonable control of Robust Road Repair), the performance by Robust Road Repair of it's obligations shall be suspended during the continuance of the aforesaid circumstances to the extent of which it is so prevented from performing, provided always that a written notice shall be given by Robust Road Repair of any such inability and of the cessation thereof. Robust Road Repair shall not be liable in any way for any delay of failure in the performance of its obligations under the contract due to or resulting from force majeure.
Costs and Jurisdiction:
The provisions hereof shall be governed and construed in all respects in accordance with the provisions of the Laws of the Republic of South Africa and the customer hereby consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of the magistrate's Act in respect of any action or application arising out of or in connection with these conditions notwithstanding that the amount in issue may exceed the jurisdiction of such Court. In the event of any legal proceedings being instituted the customers agrees to effect payment of Robust Road Repair's legal costs on the scale as between Attorney and own client.